As a footnote to Steve's clear and concise summary, I'd like to add that I was rather disappointed by Diamond's behavior in this matter.

Meaning that, I didn't expect them to automatically agree with me -- there are two sides to every story, and with the Tasini ruling on the books at the time, I certainly see how they could have had questions as to the basis for our legal objections to the HM CD-Rom.

But I expected them to *PAY ATTENTION* -- especially with legal papers flying around. Instead, I got vague meaningless noises & unreturned telephone calls.

Not what I'd deem professional behavior.

JM

Beyond the specifics of the HM debacle, the Tasini ruling has profound ramifications for all future creative-media contracts, including all in the comics field. As Rick Veitch has pointed out to me in conversation this past week, even the presumably "locked down" properties like MAD will be impacted -- since it's highly unlikely (he said, understating the obvious) that Gaines specifically covered electronic rights in this original contracts, the recent DC MAD CD-Rom collection is a prime target for lawsuits and settlements (Don Martin, are you out there??).

ALL should be wary of contracts revised to include electronic rights. Such a clause should, in all fairness, prompt higher payment in exchange for the new media use, or at least some form of royalties. This is an issue as of THIS WEEK, so keep your eyes open, folks, and watch out what you sign.

Near as I can tell, that's the new Diamond policy about ANY problem. I think they may have learned it from President Clinton.

Rik

Disney contracts cover "all rights in the Universe, including technologies not yet invented". That's been the case at least since 1990, when I signed my first contract with them, and I suppose it's become pretty standard with the big media conglomerates. I make pretty good wages writing scripts for them, but am under no illusion that it's anything but wages. And I wouldn't even dream of putting anything into one of them that I might want later for myself.

Quack, Don

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HUNDREDS of daily comics -- and MORE!
http://www.stormloader.com/markstein/daily.htm
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Say, I'm not really clear on this case.
Could it be used for creators to claim they
hadn't sold the rights for video game versions of their characters?

Rik

Just to be the grumpy old leftist,

Heroic vigilante battles against publishers/corporations are great when they occasionally end in a win.

BUT the only way creators are going to end up with any power in this universe is by being organized. "Tasini" happenned because of the power of the union. If you're not part of that union of creators making the laws that protect us, you allow the coporations to continue to role over us.

So you can join the union and protect creators rights in this day and age, or you can be part of the problem and from where I stand most comic book creators are very much part of the problem.

Mark Badger www.lemoncustard.com

where The Haunted Man starts and other fine e-comics live!

Yes, definitely be wary of electronic rights clauses. AMAZING STORIES (and presumably as they're also owned by then, DRAGON) now has a clause in their fiction contracts which states they have the right to reprint your story electronically for the rest of eternity with no additional payments.

They've also stated that this is not negotiable.

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Greg McElhatton * http://www.gregmce.com
The EXPO / SPX: http://www.spxpo.com